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Clarence Howard v. Gradtillo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 7, 2011

CLARENCE HOWARD,
PLAINTIFF,
v.
GRADTILLO, ET AL., DEFENDANTS.

ORDER STRIKING DEFENDANTS' SURREPLY (Doc. 41)

Plaintiff Clarence Howard ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 1, 2010, Defendants filed a motion for judgment on the pleadings. (Doc. 36). Plaintiff filed an opposition on September 27, 2010 and Defendants filed a reply on October 12, 2010 (Docs. 38 and 40). On November 24, 2010, Plaintiff filed a surreply. (Doc. 41). Plaintiff and Defendants do not have a right to file a surreply under the Local Rules or the Federal Rules of Civil Procedure.

Therefore, Plaintiff's surrply is ORDERED STRICKEN from the record. (Doc. 41).

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE

20110107

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